Search Decisions

Decision Text

AF | BCMR | CY2002 | BC-2002-01616
Original file (BC-2002-01616.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-01616

                       COUNSEL:  None

                       HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

The Officer Performance Report (OPR) rendered for the period  30 April
1989 through 29 April 1990 be  declared  void  and  removed  from  his
records or in the alternative, change "Does  Not  Meet  Standards"  in
Section V., Judgments and Decisions, to "Meets Standards," and  delete
the last line in the "Rater Overall Assessment" in Section VI.

_________________________________________________________________

APPLICANT CONTENDS THAT:

This  referral  report  is  prejudicial  to  his   career.    He   has
consistently been in the top 5-10  percent  of  his  peers.   The  OPR
unjustly and unfairly represents his performance then  and  now.   The
bullet should not  have  been  included  on  the  report  because  the
incident was still under investigation.  The rater  misunderstood  the
magnitude of the incident--which was caused by a misunderstanding with
the Security Police.  He was later exonerated due to the  findings  of
an IG complaint.

In support of the appeal, applicant submits a copy of the referral OPR
and rebuttal statement.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on  extended  active  duty  in  the
grade of Major with a date of rank of 1 August 1998.

Applicant was considered and non-selected for promotion to  the  grade
of  lieutenant  colonel  by  the  CY01B  Central  Lieutenant   Colonel
Selection Board.

The application is not timely.  The applicant did not file  an  appeal
under the provisions of AFI 36-2401, Correcting Officer  and  Enlisted
Evaluation System, 1 Dec 97.
_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPE recommend denied.  The contested  29  April  1990  OPR  was
referred to the applicant due to Section V, Item 5  marked  "Does  Not
Meet Standards", and comments in Section VI,  "Demonstrated  extremely
poor judgment; initiated a confrontation  with  base  security  police
which resulted in  his  apprehension."   The  applicant  contends  the
situation was still under investigation and he was  exonerated  by  an
Inspector General (IG) investigation.  However, the applicant did  not
provide any evidence an IG investigation was conducted or the  Summary
of Investigation exonerating him.  He indicates he  has  attempted  to
track down a copy of the investigation, but cannot  find  any  related
paperwork.

The applicant contends  the  report  is  prejudicial  to  his  career.
However, a report is not erroneous or  unfair  because  the  applicant
believes it contributed to a nonselection for promotion or may  impact
future promotion or career opportunities.  We must be careful to  keep
the promotion and evaluation issues separated, and  to  focus  on  the
evaluation report only.  Although the report may be prejudicial to his
career, the applicant has not proven it is an  invalid  assessment  or
that the incident did not  take  place.   Furthermore,  the  applicant
states, in his rebuttal comments to the referral report, he did go "to
talk to the security police  about  a  parking  ticket,"  although  he
denies, "initiating a confrontation".  Whether he "went to talk to the
security police,"  or  initiated  a  confrontation"  is  an  issue  of
semantics.   The  result  still  led  to  his  apprehension  and   the
evaluators were obliged to consider the incident  when  assessing  the
applicant's performance and potential.

The AFPC/DPPPO evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 19 July 2002, for review and comment.  As of  this  date,
no response has been received by this office.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1. The applicant has exhausted all remedies provided by  existing  law
or regulations.

2. The application was  not  timely  filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of an error or injustice warranting a change or  removal
of the OPR in question.  We took notice of  the  applicant's  complete
submission in judging the merits of the case; however, we  agree  with
the opinion and recommendation  of  the  Air  Force  and  adopt  their
rationale as the basis for our conclusion that the applicant  has  not
been the victim of an error or injustice.  Therefore, in  the  absence
of evidence to the contrary, we find no compelling basis to  recommend
granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially add to our understanding of the issue involved.  Therefore,
the request for a hearing is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  material  error  or  injustice;
that the application was denied without  a  personal  appearance;  and
that the application will only be reconsidered upon the submission  of
newly  discovered  relevant  evidence   not   considered   with   this
application.

_________________________________________________________________

The following members of the Board considered Docket  Number  02-01616
in Executive Session on 20 November 2002, under the provisions of  AFI
36-2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Mr. Robert S. Boyd, Member
                 Mr. John B. Hennessey, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 1 May 02, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPE, undated.
      Exhibit E. Letter, SAF/MRBR, dated 19 Jul 02.





      MICHAEL K. GALLOGLY
      Panel Chair

Similar Decisions

  • AF | BCMR | CY2002 | 0200575

    Original file (0200575.DOC) Auto-classification: Approved

    His referral Officer Performance Report (OPR) rendered for the period 6 Jul 99 through 3 Nov 99 be removed from his records. The primary argument to delete the referral OPR is detailed in his rebuttal to the OPR and in his IG complaint. The DPPPE evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant responded and states that he never disputed that he made mistakes.

  • AF | BCMR | CY2004 | BC-2004-00436

    Original file (BC-2004-00436.doc) Auto-classification: Denied

    By the time it was discovered that the allegations of misconduct against him were not supported by the facts, he had already been relieved of command. With the exception of the contested referral OPR closing 15 Aug 02, the applicant’s OPRs have been rated as “meets standards.” According to the military personnel data system, the applicant has an approved retirement effective 1 Oct 04. Exhibit D. Letter, SAF/MRBR, dated 5 Mar 04.

  • AF | BCMR | CY2003 | BC-2002-00614

    Original file (BC-2002-00614.doc) Auto-classification: Approved

    Examiner’s Note: In a letter, dated 23 April 2002, SAF/IGQ indicated that, “In accordance with Air Force Board for Correction of Military Records Decision, 0200614, dated 13 Mar 02, the Air Force Inspector General’s office completed expunging the IG record of the May/June 2000 investigation concerning [the applicant].” However, the AFBCMR had never rendered a decision on the applicant’s request to expunge the USAFE/IG investigation. The AFPC/DPPPO evaluation is at Exhibit...

  • AF | BCMR | CY2003 | BC-2002-03385

    Original file (BC-2002-03385.doc) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: The contested OPR included a statement from a former supervisor who manipulated a former employee to file a sexual harassment complaint in order to discredit him. The rating chain and commander determined that it was appropriate to mention this within his 10 May 2001 OPR. AFPC/DPPPO complete evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S...

  • AF | BCMR | CY2003 | BC-2002-01985

    Original file (BC-2002-01985.doc) Auto-classification: Denied

    In support of her request, applicant submits a personal statement copies of the contested reports with her rebuttal statements, and additional documents associated with the issues cited in her contentions. The HQ AFPC/DPPPE evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to applicant on 16 Aug 02 for review and response. The applicant has not presented...

  • AF | BCMR | CY2001 | 0003176

    Original file (0003176.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 00-03176 INDEX CODE: 111.01; 131.00 APPLICANT COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: The Officer Performance Reports (OPRs) covering the period 18 March 1992 through 21 January 1997, be corrected and he be considered for promotion to the grade of colonel by a Special Selection Board (SSB) for the...

  • AF | BCMR | CY1997 | 9602101

    Original file (9602101.pdf) Auto-classification: Denied

    SRA C--- immediately reported the m, Rand to Lt Col K--- U--- , the Deployed Director of incident to Lt Col P--- M---, the Deployed Detachment Commander, On 19 September 1994, C o l (BGen (sel)) J- Operations, contacted the _ - B--- I t Security Police and of the incident by Lt C o l M- reported be to the report of the investigation (ROI) by the Police, SRA C- - - s allegations were substantiated ( - Privileged Information) . Moreover, no witness who provided statements to the...

  • AF | BCMR | CY2007 | BC-2007-01057

    Original file (BC-2007-01057.DOC) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-01057 INDEX CODE: 111.05 COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 6 OCTOBER 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: His Enlisted Performance Report (EPR) for the period 5 May 05 through 14 Feb 06 be voided and removed from his records. He contends that the commander used these three incidents for...

  • AF | BCMR | CY2003 | BC-2002-00945

    Original file (BC-2002-00945.doc) Auto-classification: Approved

    On 30 November 2001, the applicant submitted an appeal regarding the 31 March 2000 OPR to the Evaluation Report Appeals Board (ERAB). A complete copy of the Air Force evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant states that the members of his supervisory chain were not in a position to provide a correct evaluation of performance for the period of the OPR in question. Only with the...

  • AF | BCMR | CY2004 | BC-2003-01906

    Original file (BC-2003-01906.DOC) Auto-classification: Approved

    Copies of the reports of investigation are at Exhibit G. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPE recommends denial. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant states his engagement with the AF/IG, CSAF, and Senators came after he attempted to utilize his chain of command and the ROTC/IG, who as the vice commander was in his chain of command. Therefore the...